Mediation and Arbitration

Arbitration involves you and your ex-partner jointly and voluntarily agreeing that a neutral third party - an arbitrator - will decide on your divorce settlement.

The arbitrator will look at your case in the same way as a judge in court. The decision they make is legally binding in the same way a judge’s decision would be within court proceedings.

There are lots of advantages to arbitration over going to court, including:

• Speed: An out-of-court divorce is typically completed within six months, where the court process can take up to two years
• Lower cost: Less time spent on the case means lower solicitors' fees, and you won't have to pay for your case to be considered by a judge
• Lower stress: Out of court divorce can be less confrontational, and help minimise stress for your children
• A better working relationship with your ex-partner: Settling out of court can lay the foundations for a good working relationship in future
• Flexibility: These processes have a lot more flexibility and can fit around your life - rather than you waiting for dates and attending hearings
• Privacy: Arbitration is completely private, which makes it useful for those in the public eye.

Bear in mind that arbitration only works with a little trust and goodwill between you. If you suspect your ex partner is hiding information about their finances, speak to us about the best way to proceed.

In mediation, you’ll meet with your ex-partner and a trained mediator in a managed environment. Mediators won’t advise one party over another, impose a decision, or determine the outcome. You’ll need to reach compromises between yourselves, with the mediator “refereeing” if things get out of hand or unreasonable requests are made.

Arbitration is often quicker because you hand the decision-making process over to the arbitrator, who gives you a definitive, legally-binding decision (or “award”).

Out of court processes are quicker, cheaper, and much less stressful.

They can also feel a lot less confrontational. Often, you’ll be sitting together in a room (or Zoom call) instead of facing each other across a courtroom. A mediator’s job is to help you find common ground - however impossible that might feel at the start.

Reaching a peaceful situation more quickly can have lots of benefits for any children, too - helping you all get on with the “new normal” as soon as possible.

Out of court divorce doesn’t work for everyone. If your ex-partner isn't honest about their financial circumstances, or isn't prepared to negotiate or make compromises, it may have to go to court where a judge will make the decision for you.

There are many benefits to mediation, collaboration, and arbitration, including:

• Speed: An out-of-court divorce is typically completed within six months, where the court process can take up to two years
• Lower cost: Less time spent on the case means lower solicitors' fees, and you won't have to pay for your case to be considered by a judge
• Lower stress: Out of court divorce can be less confrontational, and help minimise stress for your children
• A better working relationship with your ex-partner: Settling out of court can lay the foundations for a good working relationship in future
• Flexibility: These processes have a lot more flexibility and can fit around your life - rather than you waiting for dates and attending hearings
• Privacy: Arbitration is completely private, which makes it useful for those in the public eye.

For mediation or arbitration to work, you and your ex-partner both have to be:

1. Willing to negotiate and reach an agreement
2. Honest about your financial circumstances and needs.

If your ex-partner is resistant, we can have a conversation with them about how it will benefit them too (in terms of cost, time, and any future coparenting relationship). If they still won’t cooperate, it may escalate to solicitor negotiation and court proceedings.

If you’re worried about seeing your ex partner, you might be able to use ‘shuttle mediation’, where you sit in separate rooms and a mediator goes back and forth between you.

Family arbitration can be used to settle things like:

• Financial settlements following a divorce or civil partnership dissolution
• Agreeing child arrangements, such as maintenance, access, relocation, and custody
• Disputes over ownership of property between unmarried couples.

Arbitration cases are usually resolved within six months. This is much quicker than court, where complex cases can take over two years. You’ll set the date for your case to be heard, rather than waiting around for court dates. You can also do it through written or phone correspondence if you travel a lot or have a busy schedule.

Arbitration can also be used to make urgent decisions, like choice of school, relocation, or a maintenance dispute. If all parties cooperate, things can be resolved in weeks.